Legal Question in Real Estate Law in California
I signed a rental lease for a ten month timeframe. It was to end August 18.. and so I wrote my check to reflect the partial portion of August. Recieved a phone call stating that I was required to supply a 30 day notice to vacate. Now I am being requested to provide funds for time that I won't even be in the apartment. I never agreed to be in the apartment past August 18.. I feel as though this is a scam to keep my deposit. If I don't pony up more money will they just use my deposit.. or will there be further problems down the road with them trying to collect even more! (there is another issue with this particular company .. which I guess I'll ask about in another post perhaps). Thank you so much.
2 Answers from Attorneys
If your lease is for a fixed term ending on a specific date, you do not have to give any notice prior to vacating on or before that date.
Read your lease carefully, however. Some lease forms have tricky clauses in them that automatically extend the lease for periodic intervals unless you give notice that you really are going to move out on time. Make sure your lease does not have one of those clauses.
You should pay what is due, and see if they try to pursue you for more. Your defense is the terms of the lease and your payment records.
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